Washington, D.C., May 5, 2026 — The head of NOAA Fisheries, Eugenio Piñeiro Soler, has directed the New England Fishery Management Council to “revise and potentially withdraw” the controversial industry-funded monitoring rules at the heart of Loper Bright Enterprises v. Raimondo. In the absence of council action “within a reasonable time,” Soler has suggested the Secretary of Commerce, Howard Lutnick, could initiate his own direct amendment to “rescind these measures.”
NOAA’s directive marks an important step forward for the Loper Bright fishermen, who filed suit against the agency over six years ago. By the government’s own estimates, industry-funded monitoring in the herring fishery is likely to cost upwards of $700 per sea day, or as much as 20% of a ship’s take-home pay. Those costs would significantly impair the economic viability of the fleet, which has already faced decades of overregulation.
NOAA explains it is moving to rescind the industry-funding rules on grounds that they are “not achieving their intended goals” and instead “overly burden America’s fishing industry.” Soler also notes that rescission is consistent with President Trump’s Executive Order 14276, “Restoring American Seafood Competitiveness.”
“We are grateful for the Trump Administration’s decision to correct course on industry-funded monitoring. We’ve carried monitors on our boats for decades. And no one has more at stake than fishermen in the long-term environmental health of our fisheries. But this regulation was never financially feasible, and it was never fair. Finally, the government agrees,” said Wayne Reichle, one of the Loper Bright plaintiffs, and President of Lund’s Fisheries.
Following the Supreme Court’s June 2024 decision in Loper Bright to overrule Chevron deference, the fishermen’s case was remanded to the D.C. Circuit, where it was re-briefed and re-argued. The Circuit stayed its consideration of the appeal in August 2025 after the parties opened settlement negotiations. That stay remains in place.
“The repeal of industry-funded monitoring is an important and necessary step in implementing the Supreme Court’s decision in Loper Bright,” said Cause of Action Institute Senior Counsel Ryan Mulvey, lead attorney for the fishermen. “The law never gave regulators the authority to pass monitoring costs on to herring fishermen. This directive will hopefully give those fishermen some of the justice they deserve.”
For media inquiries, please contact Kirby Eule at kirby@touchdownstrategies.com or 703-595-8219.
Learn more about the fishermen’s case here.
About Cause of Action Institute: Cause of Action Institute is a 501(c)(3) non-profit, a part of the Stand Together community, working to enhance individual and economic liberty by limiting the power of the administrative state to make decisions that are contrary to freedom and prosperity by advocating for a transparent and accountable government free from abuse.